July 31
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25th February 2020
Competition & State Aid Justice & Litigation

Op-Ed: “UK Supreme Court and the Micula Arbitration and State aid Saga: Judgment [2020] UKSC 5″ by Gillian Cahill

Introduction

The Micula Brothers live to fight another day in the latest installment of their ongoing saga to obtain enforcement of an ICSID (International Centre for Settlement of Investment Disputes, or ‘Arbitral Tribunal’) arbitration award. This time, the scene of the drama was the Supreme Court of England & Wales, and the action - the lifting of a stay against the enforcement of the Miculas’ now infamous award granted against Romania. The stay had been granted pending proceedings at the General Court of the Court of Justice of the European Union (GCEU), but had been appealed by the Claimants to the Court of Appeal in the UK, and finally, the Supreme Court.

Background to the Supreme Court’s decision

The backg

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